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RENTACOOL LLC
Business Terms and Conditions of Sales and Rentals
All sales and rentals of item(s) from Rentacool are subject to these business terms and conditions. The client (herein after “you”) shall be deemed to have agreed and accepted these terms and conditions upon the receipt in whole or in part of the item(s).
- RENTAL PERIOD
When you have agreed upon the rental and taken delivery of the item(s), the rental period may not be reduced or pro-rated at all until that rental period has ended. The rental period commences when the item(s) leaves Rentacool’s facility and ends when the item(s) returns to Rentacool’s facility. Any additional time between the return of the item(s) and the rental period will not be credited or pro-rated. Daily rentals are based upon a 24-hour period, weekly rentals are based upon a 7-day period, monthly rentals are based upon a 28-day period. If you wish to lengthen the rental period past the date and time specified on the Sales Order, Rentacool must be notified immediately to obtain written approval; otherwise, Rentacool, at its discretion, will automatically rebill for an identical period of time, or retrieve the rental equipment at your cost.
- STATUS OF RENTAL ITEM(S)
You accept that before taking delivery of the rented item(s) you inspected it, saw it in operation (if appropriate), are aware of its condition and that it is in a good state except for any defect declared on this contract. It is your responsibility to return the rented item(s) to Rentacool in the same condition except for ordinary wear and tear. You consent that you will pay the charges necessary return damaged equipment to their initial delivered condition. If the cost for repair parts and labor exceed the replacement cost of the unit(s), you agree to pay the list price of the damaged unit(s) within 14 days of the damage.
- UTILISATION OF THE ITEM(S)
You agree that Rentacool have given you satisfactory instruction in the correct and safe manner of operating the item(s); or you have informed Rentacool that you are so familiar with the use of the product that no instruction was required. You also agree that you will use item(s) only at the address designated and only for the purpose for which the item(s) was constructed and intended. It is prohibited to sublease or use improperly. You have read and comprehend all manuals, printed operating information and warnings as supplied for the item(s).
- LIABILITY FOR THE RENTAL ITEM(S)
You are solely liable for item(s) during the rental term. You are responsible for routine and preventative maintenance. If the item(s) is stolen, lost or damaged under any circumstances while rented, no matter whose fault, you shall be liable for all charges and expenses to repair or replace the item(s) at Rentacool’s sole discretion. If the item(s) is returned not clean, a cleaning charge of $75 will be imposed. All equipment will be examined upon return. Charges will be made for unusual wear or damage. Failure to return item(s) under the terms of this contract may subject you to Criminal Prosecution. If you fail to return the equipment and/or do not pay the rental charges within the terms of this agreement, you agree to allow Rentacool or its representatives to retrieve the equipment at any time by entering your property and hereby waive any right of action against Rentacool for such entry and retrieval. Rentacool, in addition to any other action we may take, may notify the authorities and take other action, including the filing of criminal complaints, subjecting you to prosecution. Your phone call requesting pick up does not terminate your liability for the item(s). In case of theft, or loss, you will be responsible for either replacement of the item(s), or payment of full list prices for the item(s). In either case, rental charges will continue until the item(s) is replaced or reimbursement is made in full to Rentacool.
- PAYMENTS.
You are responsible for all rental charges for the entire rental term, as well as any and all other charges hereunder, including charges for cleaning, repair and replacement of the item(s). All charges are due upon the terms listed on your invoice or on demand. New accounts are C.O.D. until credit is established and we have a completed business application on file. A purchase order and/or job number may be required before item(s) can be released. You authorise the owner to submit for payment credit card vouchers if a credit card has been presented as a means of deposit or security at the time the item(s) was rented for all purposes, including reimbursement for damage to, or loss of the rented item(s). Rentacool is an equipment rental company and is not a subcontractor. You agree that retainage will not apply to this rental agreement and that any payments for item(s) or accessories rented or purchased will be paid for within the terms of this agreement. Any person signing this agreement on behalf of a corporation shall, in the event of default by the renter, be personally liable for any and all costs incurred.
- FAILURE OF THE ITEM(S) OR FAILURE TO DELIVER
Should at any time the item(s) become unsafe or in a state of disrepair, you agree to immediately discontinue the use of the rented item(s). You will immediately (within one hour when possible) notify Rentacool of any such conditions. Rentacool agrees, at its discretion, to make the item(s) operable within a realistic time, or to provide you with a like item if available, or make a like item available at another time, or adjust the rental charges. This stipulation does not relieve you from the obligations imposed by other paragraphs of this contract. If a service call is made by Rentacool and it is decided that the unit is not operating properly because of improper electrical or gas supply, user miss-use or failing to comply with instructions, your company will be billed at our standard rates for that service call on a per hour port-to-port basis. You release and discharge Rentacool from any and all liability or compensation which might be caused by Rentacool’s failure or inability to deliver any item(s) by any specified date or time.
- COSTS OF CONTRACT DEFAULT
If you should default on the contract, you are liable to pay any and all costs and expenses of collection and enforcing the terms of this agreement including, without limitation, all fees, costs of court and attorney fees. You will be charged interest at the rate of base rate plus 5% per annum on the full outstanding sum due.
- RETURN OF RENTAL ITEM(S)
Please be advised that it is your responsibility to contact Rentacool for collection of the equipment at your site. Rentacool will not automatically come out to your site to collect the rented equipment when your rental terms ends. When you call for a collection, a Rentacool representative will issue you with a collection confirmation number. This number will verify the collection request was made, along with date and time the call was placed. If for some reason you are not provided with a collection number, ask for one and record it, as this is your proof that a call was made to Rentacool.
- DISCLAIMER OF WARRANTIES AND RESPONSIBILITY FOR USE.
You agree and assume all risks inherent in the operation and use of the item(s) and that you will take all necessary precautions to protect all persons and property from injury or damage while you are in possession of the item(s). You are responsible for the correct operation of the item(s) providing all necessary permits and making all electrical and/or mechanical connections from item(s) to fuel or power source. You take on all risks associated with the operation and use of the item(s) whether or not it be claimed or found that such damage or injury resulted in whole or in part from Rentacool’s negligence, from the defective condition of the item(s) or from any cause. You confirm that no warranties expressed or implied, including merchantability or fitness for a particular purpose have been made in connection with the item(s) rented.
- DAMAGE WAIVER
If you agree to pay a damage waiver charge (DWC) as specified, you will not be liable for accidental damage to the rental item(s), subject to the limitations and exclusions as set forth herein. You will be liable for any loss or damage due to theft, burglary, misuse or abuse, theft by conversion, international damage, mysterious disappearance or any loss due to your failure to care for the rental item(s) as a prudent person would his/her own property, such as using proper lubrication or carrying out routine maintenance. If any such loss tends to indicate a crime may have been committed, a further condition of this waiver is that you must file a report to the proper law enforcement authorities and furnish us with a copy.
- LIMITATION OF RESPONSIBILITY
In no circumstances whether as a result of a breach of contract, warranty, tort or otherwise shall Rentacool be liable for any loss of profits or for any special direct, indirect, consequential, incidental, exemplary or punitive damages, losses, injury, costs or expenses of any nature relating to any item(s). Rentacool’s sole liability for any and all claims, whether as a result of a breach of contract, warranty, tort or otherwise shall be limited to the sums paid hereunder for the rental or purchase of the item(s). You agree to defend, indemnify and hold Rentacool harmless from and against any and all liability, claims and damages of any kind (including without limitation, attorney’s fees and costs, injuries or death to persons and damage to property) arising out of the use, maintenance, construction, operation, possession, ownership or rental of item(s).
- AUTHORITY TO SIGN
Anyone who signs this contract is affirming that he/she is of legal age, and has the authority to sign this rental agreement on behalf of the Customer.
- INSURANCE
Rentacool’s insurance does not cover the rental item(s) while it is your possession. No insurance licenses, sales or use taxes are included in the printed rental rates. You agree to maintain and carry at your cost alone, adequate liability, physical damage, public liability, property damage and casualty insurance for the complete replacement cost of the item(s), including all risks or loss or damage covered by the standards extended coverage endorsement to cover any damage or liability arising from the handling, transportation, maintenance, operation or use of the item(s) during the entire rental term. Such insurance and evidence thereof to be in amounts and from a reputable company satisfactory to Rentacool. If requested by Rentacool, a Certificate of Insurance and Policy shall provide that Rentacool shall receive not less than thirty (30) days notice prior to any cancellation of the insurance required hereunder. You hereby grant and appoint to Rentacool a Limited Power of Attorney to present insurance claims for damage, losses, and expenses to your insurance carrier if the rented item(s) is damaged during the term of this rental; and to endorse your name on insurance payments for charges or damages. You agree to fully co-operate with Rentacool in making any insurance claim.
- OPTION TO PURCHASE
There is no option to purchase the rental item(s).
- EXEMPTION FROM TAXES
If you are tax exempt, a tax exemption certificate must be faxed to our office prior to delivery of the equipment (305) 624 5850.
- OWNERSHIP OF THE DESIGNS
You hereby acknowledge that you do not have, nor shall you acquire, any license, copyright, patent or any intellectual property right or ownership interest of any kind whatsoever in or to any of the rental item(s) and shall not use, disclose, reverse engineer, copy or divulge any confidential information, Rentacool equipment designs, trade secrets or intellectual rights of Rentacool, except as specifically permitted by Rentacool.
- OWNERSHIP OF THE RENTAL ITEM(S)
Title to the equipment rented remains at all times with Rentacool.
- AGREEMENT IN ENTIRETY
This contract shall constitute the entire agreement between you and Rentacool and shall supersede all prior agreements, arrangements, obligations and commitments, oral or written, with respect to the subject matter of this agreement. Except as otherwise expressly set forth herein, Rentacool makes no representation, warranty, condition or guarantee, express or implied, relating to the subject matter of this agreement. This contract may not be modified except in writing signed by an authorised representative of Rentacool. This contract shall be governed by the substantive laws of the State of Florida without reference to conflict of laws. |